Defamation

Question 1

Defamation

Answer 1

Defamatory language of or concerning the P that is published to a third party causing damage to the Ps reputation.

Question 2

Defamation Defenses

Answer 2

Truth is a complete defense.
Consent
Absolute Privilege
Qualified Privilege

Pure opinions are not defamatory statements.

Question 3

Absolute Privilege

Answer 3

Extends to remarks made during judicial or legislative proceedings, by federal government and most state government officials, and between spouses. This privilege exists even if defendant acted with malice.

Question 4

Qualified Privilege

Answer 4

Extends to statements made to protect the publisher’s interests if the defamation relates directly to those interests, or for the protection of the recipient or a third party, or to act in the public interest or report on public proceedings. This privilege can be lost if the defendant abuses it by acting with actual malice or exceeds the scope of the privilege.

Question 5

Constitutional Law Defamation

Answer 5

Add the elements

1. Falsity
   And
2. Fault

Must analyze if a public concern.

Question 6

Defamation Damages

Answer 6

Depends on type of defamation.

For libel, the plaintiff does not need to prove special damages and general damages are presumed.

For slander, the plaintiff must prove special damages, unless it is slander per se.

For slander per se, damages are presumed.

Question 7

Libel

Answer 7

Libel is written or printed publication of a defamatory statement.

Question 8

Slander

Answer 8

Slander is spoken or nonscripted defamation.

Question 9

Slander per se

Answer 9

Slander per se is established for language that i. Adversely reflects on the plaintiff’s fitness to conduct his business or profession,
ii. Alleges one has a loathsome disease,
iii. Imputes morally culpable criminal behavior,
or
iv. Imputes serious sexual misconduct to the plaintiff.

Question 10

Test to determine Fault (Const. Defamation)

Answer 10

1. Public figure: Use-Actual malice standard (NYT): When the defendant is a public figure, actual malice must be proven. Actual malice exists when the defendant made the statement with either (i) knowledge that it was false , or (ii) reckless disregard as to whether it was true or false. b. Damages are presumed if actual malice is shown.
2. Private person: Use-Negligence standard (Gertz): When the plaintiff is a private person only negligence regarding the falsity of the statement must be proven if the statement involves a matter of public concern. Only actual injury damages are recoverable (not necessarily pecuniary). But, if malice exists, damages are presumed and punitive damages are allowed.

Question 11

Public Figure (Const. Defamation)

Answer 11

A plaintiff is a public figure when he has achieved pervasive fame or notoriety or voluntarily assumed a role in a public controversy.

Question 12

Private Person (Const. Defamation)

Answer 12

A private person is any person not considered a public figure.

Question 13

Defamatory Language

Answer 13

Language tending to adversely affect one’s reputation.

Question 14

Inducement and Innuendo

Answer 14

If the statement is not defamatory on its face, P may plead additional facts as “inducement” to establish defamatory meaning by “innuendo”.

Question 15

Of and Concerning the P

Answer 15

P must establish that a reasonable reader, listener, or viewer would understand that the defamatory statement referred to the P.